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PIAGENTINI v. BD OF PAROLE

526594.

176 A.D.3d 138 (2019)

108 N.Y.S.3d 481

2019 NY Slip Op 06229

In the Matter of DIANE PIAGENTINI, Appellant, v. NEW YORK STATE BOARD OF PAROLE et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

August 22, 2019.

Attorney(s) appearing for the Case

Worth, Longworth & London, LLP, New York City ( Mitchell Garber of counsel), for appellant.

Letitia James , Attorney General, Albany ( Frank Brady of counsel), for New York State Board of Parole and another, respondents.

Robert J. Boyle , New York City, for Herman Bell, respondent.

Janet E. Sabel , The Legal Aid Society, New York City ( Nora Carroll of counsel), for The Legal Aid Society and others, amici curiae.

GARRY, P.J., and PRITZKER, J., concur with MULVEY, J.; LYNCH, J., concurs in a separate opinion; EGAN JR., J., dissents in a separate opinion.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Koweek, J.), entered April 23, 2018 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Board of Parole granting parole to respondent Herman Bell.

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